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People v. Byrd

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1992
187 A.D.2d 724 (N.Y. App. Div. 1992)

Opinion

November 30, 1992

Appeal from the County Court, Nassau County (Winick, J.).


Ordered that the judgment is affirmed.

The undercover officer's testimony regarding the description of the seller which he gave to the arresting officers by radio does not constitute bolstering in violation of People v Trowbridge ( 305 N.Y. 471; see, People v Cardona, 173 A.D.2d 364; People v Sarmiento, 168 A.D.2d 328, affd 77 N.Y.2d 976; People v Candelario, 156 A.D.2d 191; People v Switzer, 115 A.D.2d 673, 674; People v Love, 92 A.D.2d 551, 553). This testimony together with that of the arresting officers who received the description, provides a necessary explanation of the events which precipitated the defendant's arrest (see, People v Sarmiento, supra).

The undercover officer observed the defendant face-to-face during the drug transaction. Immediately thereafter the backup officers took a photograph of the defendant and within an hour displayed the photograph to the undercover officer to insure that the right person would be arrested. Under these circumstances a Wade hearing was not necessary (see, People v Wharton, 74 N.Y.2d 921, 922; People v Rodriguez, 79 N.Y.2d 445, 449; cf., People v Waring, 183 A.D.2d 271).

The defendant's remaining contentions are unpreserved for appellate review (see, People v Holt, 67 N.Y.2d 819; People v Tarsia, 50 N.Y.2d 1, 11). Balletta, J.P., Rosenblatt, Miller and O'Brien, JJ., concur.


Summaries of

People v. Byrd

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1992
187 A.D.2d 724 (N.Y. App. Div. 1992)
Case details for

People v. Byrd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BYRD, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 30, 1992

Citations

187 A.D.2d 724 (N.Y. App. Div. 1992)
590 N.Y.S.2d 511

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